Keith Mack
Article 356 of the Indian Constitution is a highly debated topic, granting the federal government the authority to suspend a state government and impose direct Union rule if the state is unable to function according to Constitutional provisions. This is known as President's Rule and has been used 134 times since 1950, with some arguing it is a threat to the federal state system. Article 356 also exists in the Indian Penal Code, which outlines punishment for theft.
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What You'll Learn
Article 356 of the Constitution of India
During debates in the Constituent Assembly of India, B.R. Ambedkar argued for the inclusion of emergency provisions in the Constitution, stating that "such articles will never be called into operation and that they would remain a dead letter". Despite this intention, Article 356 has been used 134 times to dissolve elected state governments since the adoption of the Indian Constitution in 1950. It has been amended multiple times, with the 44th Constitutional Amendment Act making it subject to judicial review.
Under Article 356, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery. The President may issue a proclamation to assume the functions of the state government and the powers vested in the Governor or any body or authority in the state, except for the Legislature of the State. The President can also make incidental and consequential provisions to give effect to the objects of the Proclamation, including suspending the operation of any Constitutional provisions relating to any body or authority in the state.
Every Proclamation under Article 356 shall be laid before each house of Parliament and shall cease to operate after two months unless approved by resolutions of both Houses. However, there are provisions for situations where one of the Houses of Parliament is dissolved during this period. In such cases, the Proclamation shall cease to operate after thirty days from the date on which the House first sits after its reconstitution unless approved by a resolution before the expiration of that period.
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President's Rule
In India, President's Rule, also known as a "State Emergency" or "Constitutional Emergency", is the suspension of a state government and the imposition of direct Union government rule in a state. This occurs when a state government is unable to function according to the provisions of the Constitution. Article 356 of the Constitution of India outlines the procedures for President's Rule.
During President's Rule, the Union government assumes direct control of the state machinery, with the executive authority exercised through a centrally appointed governor. This governor has the power to appoint other administrators, typically non-partisan retired civil servants not native to the state, to assist them. The usual functioning of a state government involves an elected Council of Ministers, led by the chief minister as the state's chief executive, responsible to the state's legislative assembly (Vidhan Sabha). In contrast, under President's Rule, the governor becomes the chief executive, although they are only a constitutional head.
Article 356 grants the Union government broad powers to preserve the unity and integrity of the nation. It was first used in 1951 in Punjab and has been used 134 times since the adoption of the Indian Constitution in 1950 to dissolve elected state governments. However, it has also been criticised for being misused by ruling parties as a pretext to dissolve state governments led by their political opponents. Chhattisgarh and Telangana are the only states that have never been under President's Rule. Manipur, on the other hand, is the state where it has been imposed the most frequently.
The process of imposing President's Rule involves the President issuing a proclamation based on a report from the state's governor or other sources. This proclamation assumes the functions of the state government, including assuming the powers of the state's governor and legislature, and making provisions to give effect to the proclamation. The proclamation must be laid before both houses of Parliament and will cease to operate after two months unless approved by resolutions of both houses. There have been various amendments to Article 356, including the 44th Constitutional Amendment Act, which made the imposition of President's Rule subject to judicial review.
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State Emergency
Article 356 of the Indian Constitution addresses the provisions in the event of a breakdown of the constitutional machinery in the states. It is referred to as "State Emergency" or "Constitutional Emergency".
Article 356 grants the Union government broad powers to intervene in a state if civil unrest occurs and the state government is unable to manage it. The article outlines that if the President, based on a report from the Governor of the State or other information, determines that the state government cannot function according to the constitutional provisions, they may issue a proclamation to:
- Assume the functions of the state government, including the powers vested in the Governor or any body or authority in the state (except the Legislature);
- Declare that the powers of the state Legislature shall be exercised by or under the authority of Parliament;
- Make incidental and consequential provisions to give effect to the proclamation, including suspending constitutional provisions related to bodies or authorities in the state.
The proclamation issued under Article 356 must be presented to both houses of Parliament and will lapse after two months unless approved by resolutions in both houses. However, there are conditions under which the proclamation can be extended beyond this period with the approval of at least one house of Parliament.
The purpose of Article 356 is to preserve the unity and integrity of the nation. However, it has been criticised for being misused by ruling parties to dissolve state governments led by their political opponents. Since 1950, it has been used 134 times to impose President's Rule, with the first instance being in Punjab in 1951.
It is important to note that Article 356 does not apply to Union Territories, and separate provisions, such as Article 239AB, govern the imposition of President's Rule in these territories.
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Amendment Acts
Article 356 of the Indian Constitution outlines the course of action to be taken if the President, upon receiving a report from the Governor of a State, deems that the state cannot be governed in accordance with the provisions of the Constitution. In such a scenario, the President may issue a proclamation to:
- Assume the functions of the State Government and the powers of the Governor or any other authority in the State, excluding the State Legislature.
- Declare that the State Legislature's powers shall be exercised by or under the authority of Parliament.
- Make any necessary provisions to give effect to the proclamation's objectives, including suspending the operation of certain Constitutional provisions relating to the State.
The Constitution (Amendment) Acts have been used to modify Article 356 on several occasions:
The Forty-Eighth Amendment Act, 1984
This Act inserted a new provision in clause (5) of Article 356, pertaining to a proclamation issued by the President on October 6, 1983, regarding the State of Punjab. This allowed Parliament to pass resolutions to continue the proclamation in force for up to two years.
The Sixty-fourth Amendment Act, 1990
This Amendment addressed the issues in the State of Punjab and proposed to amend Article 356 to extend proclamations related to the region. A proviso was added to Article 356(4), allowing for the extension of the President's Rule in Punjab for a total of three years and six months.
The Sixty-seventh Amendment Act, 1990
This Amendment Act amended clause (5) of Article 356, lengthening the time period mentioned in the said clause.
The Sixty-eighth Amendment Act, 1991
The Sixty-eighth Amendment altered clause (4) of Article 356 for the third time. It enabled the prolongation of a proclamation regarding the State of Punjab for a total of five years. This amendment also introduced conditions related to the approval of continuance of proclamations beyond one year by both Houses of Parliament.
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Section 356 in The Indian Penal Code, 1860
Section 356 of the Indian Penal Code, 1860, deals with assault or criminal force used against a person in an attempt to commit theft of property being worn or carried by that person. The section states that anyone who assaults or uses criminal force against another individual while trying to steal their property shall be punished with imprisonment of either a simple or rigorous nature for up to two years, along with a fine, or both.
It is important to note that the assault or criminal force must occur during the attempt to commit theft, and the property in question must be something that the victim is wearing or carrying at that moment. If the assault or use of force takes place after the theft has already been committed, Section 356 does not apply.
The punishment prescribed under this section aims to deter individuals from engaging in such criminal activities and to protect individuals from violent assaults during theft attempts. This section ensures that perpetrators who use physical force or violence in their attempts to steal are held accountable and punished accordingly.
Section 356 is a specific provision within the Indian Penal Code that addresses the intersection of assault and theft, ensuring that perpetrators who engage in such criminal acts face legal consequences. It is a crucial component of India's legal framework, contributing to the overall safety and security of its citizens by addressing violent crimes that involve theft.
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Frequently asked questions
Article 356 of the Constitution of India deals with the provisions in case of failure of constitutional machinery in states. It gives the Union government the power to assert its authority over a state if civil unrest occurs and the state government is unable to function according to Constitutional provisions.
Under Article 356, the Union government can take direct control of the state machinery and suspend the state government. The executive authority is then exercised through a centrally appointed governor, who has the power to appoint other administrators (usually non-partisan retired civil servants not native to the state) to assist them.
Article 356 has been amended several times to change the length of time that the Proclamation regarding the state of Punjab can be prolonged. The Sixty-fourth Amendment in 1990, for example, added a proviso to Article 356(4) to allow for an extension of the President's Rule for a total of three and a half years in the state of Punjab.
